Wheelchair Access: Improvements, Standards, and Challenges

Wheelchair access on transit buses and paratransit is getting more complicated every year. Service providers are faced with accommodating more passengers with an ever-increasing diversity of mobility aids. The Americans with Disabilities Act (ADA) requires that wheelchairs be transported, whether they can be adequately secured or not. However, the regulations also state that wheelchair users may be denied transportation if they do not allow their chairs to be secured. A Federal Transit Administration (FTA) bulletin on wheelchair securement indicates that transit providers must have a formal policy in order to require securement (“Questions and Answers Concerning Common Wheelchairs and Public Transit”, available at http://www.fta.dot.gov/ 14863_ENG_HTML.htm.). Conversely, the FTA bulletin allows transit providers to have a policy that securement of the wheelchair itself is at the option of the passenger. However, this is from the civil rights perspective, and safety/liability concerns are leading many transit systems to adopt the mandatory securement approach. In 2004, a San Jose, Calif. jury awarded $2.1 million to an injured passenger whose unsecured scooter tipped over. With either policy, transit agencies must provide securement assistance to any passenger who needs or requests it. A problem can arise, however, when trying to enforce mandatory securement policies on fixed route buses. Once a passenger is on board, there are usually no practical or legal ways to unilaterally remove them from the vehicle (refusing to abide by system policies other than those covered by laws are not enforceable infractions). Some transit systems are responding by developing procedures to inform the passenger that they are taking on an added safety risk, and documenting it in case there is a problem. This is an area that could benefit from development of recommended best practices or industry guidelines. In January 2006, Project ACTION requested proposals for a comprehensive national report on the status of the current use of wheelchairs and other mobility devices on public and/or private fixed-route and paratransit vehicles including taxis. The report will cover existing policy, standards and “best practices” that bear on the purchase and safe and secure use of wheelchairs, other mobility devices and durable equipment that contribute to meeting the test of being “transit friendly” or “transit ready.” The purpose of the study will be to assist agencies and individuals in the development and implementation of policies and practices regarding the purchase and use of safe and secure wheelchairs, other mobility devices and durable medical equipment used and/or carried on transportation vehicles. This represents the first time the issue has received a concentrated focus by either the disability or transit communities, and it holds great promise for increasing understanding of the issues and fostering coordination and cooperation among the diverse interests involved.